Utah Administrative Code
Topic - Environmental Quality
Title R315 - Waste Management and Radiation Control, Waste Management
Rule R315-102 - Penalty Policy
Section R315-102-3 - Criterion 2: Calculation of Settlement Amounts
Universal Citation: UT Admin Code R 315-102-3
Current through Bulletin 2024-06, March 15, 2024
(a) Violations are grouped into the following categories based on the gravity of the violation:
(1) Major potential for harm, major extent of
deviation from the requirement. For used oil, major potential for harm, major
extent of deviation from the requirement: $8,000 to $10,000. For hazardous
waste or constituents, or solid waste, major potential for harm, major
deviation from the requirement: $10,400 to $13,000.
(i) The violation: poses, or may pose, a
relatively high risk of exposure of humans or other environmental receptors to
hazardous waste or constituents, solid waste, or used oil; or has, or may have,
a relatively high adverse effect on statutory or regulatory purposes or
procedures for implementing the hazardous waste, solid waste, or used oil
programs.
(ii) The violator
deviates from requirements of the regulation or statute to such an extent that
most, or important aspects, of the requirements are not met, resulting in
substantial noncompliance.
(2) Major potential for harm, moderate extent
of deviation from the requirement. For used oil, major potential for harm,
moderate deviation from the requirement: $6,000 to $8,000. For hazardous waste
or constituents, or solid waste, major potential for harm, moderate deviation
from the requirement: $7,800 to $10,400.
(i)
The violation: poses, or may pose, a relatively high risk of exposure of humans
or other environmental receptors to hazardous waste or constituents, solid
waste, or used oil; or has, or may have, a relatively high adverse effect on
statutory or regulatory purposes or procedures for implementing the hazardous
waste, solid waste, or used oil programs.
(ii) The violator significantly deviates from
the requirements of the regulation or statute but some of the requirements are
implemented as intended.
(3) Major potential for harm, minor extent of
deviation from the requirement. For used oil, major potential for harm, minor
deviation from the requirement: $4,400 to $6,000. For hazardous waste or
constituents, or solid waste, major potential for harm, minor deviation from
the requirement: $5,720 to $7,800.
(i) The
violation: poses, or may pose, a relatively high risk of exposure of humans or
other environmental receptors to hazardous waste or constituents, solid waste,
or used oil; or has, or may have, a relatively high adverse effect on statutory
or regulatory purposes or procedures for implementing the hazardous waste,
solid waste, or used oil programs.
(ii) The violator deviates somewhat from the
regulatory or statutory requirements but most, or all important aspects, of the
requirements are met.
(4) Moderate potential for harm, major extent
of deviation. For used oil, moderate potential for harm, major deviation from
the requirement: $3,200 to $4,400. For hazardous waste or constituents, or
solid waste, moderate potential for harm, major deviation from the requirement:
$4,160 to $5,720.
(i) The violation: poses,
or may pose, a medium risk of exposure of humans or other environmental
receptors to hazardous waste or constituents, solid waste, or used oil; or has,
or may have, a medium adverse effect on statutory or regulatory purposes or
procedures for implementing the hazardous waste, solid waste or used oil
programs.
(ii) The violator
deviates from requirements of the regulation or statute to such an extent that
most, or important aspects, of the requirements are not met, resulting in
substantial noncompliance.
(5) Moderate potential for harm, moderate
extent of deviation from the requirement. For used oil, moderate potential for
harm, moderate deviation from the requirement: $2,000 to $3,200. For hazardous
waste or constituents, or solid waste, moderate potential for harm, moderate
deviation from the requirement: $2,600 to $4,160.
(i) The violation: poses, or may pose, a
medium risk of exposure of humans or other environmental receptors to hazardous
waste or constituents, solid waste, or used oil; or has, or may have, a medium
adverse effect on statutory or regulatory purposes or procedures for
implementing the hazardous waste, solid waste or used oil programs.
(ii) The violator significantly deviates from
the requirements of the regulation or statute but some of the requirements are
implemented as intended.
(6) Moderate potential for harm, minor extent
of deviation from the requirement. For used oil, moderate potential for harm,
minor deviation from the requirement: $1,200 to $2,000. For hazardous waste or
constituents, or solid waste, moderate potential for harm, minor deviation from
the requirement: $1,560 to $2,600.
(i) The
violation: poses, or may pose, a medium risk of exposure of humans or other
environmental receptors to hazardous waste or constituents, solid waste, or
used oil; or has, or may have, a medium adverse effect on statutory or
regulatory purposes or procedures for implementing the hazardous waste, solid
waste or used oil programs.
(ii)
The violator deviates somewhat from the regulatory or statutory requirements
but most, or all important aspects, of the requirements are met.
(7) Minor potential for harm,
major extent of deviation from the requirement. For used oil, minor potential
for harm, major deviation for the requirement: $600 to $1,200. For hazardous
waste or constituents, or solid waste, minor potential for harm, major
deviation from the requirement: $780 to $1,560.
(i) The violation: poses, or may pose, a
relatively low risk of exposure of humans or other environmental receptors to
hazardous waste or constituents, solid waste, or used oil; or has, or may have,
a small adverse effect on statutory or regulatory purposes or procedures for
implementing the hazardous waste, solid waste, or used oil programs.
(ii) The violator deviates from requirements
of the regulation or statute to such an extent that most, or important aspects,
of the requirements are not met, resulting in substantial
noncompliance.
(8) Minor
potential for harm, moderate extent of deviation from the requirements. For
used oil, minor potential for harm, moderate deviation from the requirement:
$200 to $600. For hazardous waste or constituents, or solid waste, minor
potential for harm, moderate deviation from the requirement: $260 to $780.
(i) The violation: poses, or may pose, a
relatively low risk of exposure of humans or other environmental receptors to
hazardous waste or constituents, solid waste, or used oil; or has, or may have,
a small adverse effect on statutory or regulatory purposes or procedures for
implementing the hazardous waste, solid waste, or used oil programs.
(ii) The violator significantly deviates from
the requirements of the regulation or statute but some of the requirements are
implemented as intended.
(9) Minor potential for harm, minor extent of
deviation from the requirements. For used oil, minor potential for harm, minor
deviation from the requirement: $40 to $200. For hazardous waste or
constituents, or solid waste, minor potential for harm, minor deviation from
the requirement: $50 to $260.
(i) The
violation: poses, or may pose, a relatively low risk of exposure of humans or
other environmental receptors to hazardous waste or constituents, solid waste,
or used oil; or has, or may have, a small adverse effect on statutory or
regulatory purposes or procedures for implementing the hazardous waste, solid
waste, or used oil programs.
(ii)
The violator deviates somewhat from the regulatory or statutory requirements
but most, or all important aspects, of the requirements are met.
(b) The Director shall have the discretion to determine the appropriate amount within these ranges.
(c) If applicable, a multi-day component may be added to the settlement amount determined in R315-102-3(b). The amount used in a multi-day calculation will typically range from 5% to 20%, with a minimum of $40 per day for used oil, and with a minimum of $50 per day for hazardous waste or constituents, or solid waste, of the amount determined in R315-102-3(b) for each day of violation up to 179 days following the first day of violation. However, discretion is retained to consider amounts (1) of up to $10,000 per day of violation for used oil and up to $13,000 per day of violation for hazardous waste or constituents, or solid waste and (2) for days of violation after the first 179 days following the first day of violation.
(d) The amount calculated above may be adjusted by taking into account the factors specified in R315-102-2(d) through (h).
(e) This amount will then be added to any economic benefit gained by the person as specified in R315-102-2(a).
(f) If applicable, partial credit may be given for an approved supplemental environmental project.
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